The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

7.  In regulation 45 (calculation of tariff income from capital)—

(a) for paragraph (1B)(1) there shall be substituted the following paragraph—

“(1B) For the purposes of paragraph (1A), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home, or

(b) is a person—

(i) to whom on 13th November 2005, paragraph (2) of regulation 7 as in operation on that date applied, or

(ii) to whom on 13th November 2005, paragraph (5) or paragraph (7) of regulation 7 as in operation on that date applied and continues to apply;”;

(b) in paragraph (4)(2)—

(i) for sub-paragraph (c), there shall be substituted the following sub-paragraph—

“(c) which is an Abbeyfield Home,”;

(ii) for “and in this definition, “board” has the same meaning as in regulation 8(2)(b)” there shall be substituted the following—

“and in this definition “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him.”;

(c) for paragraph (5)(3) there shall be substituted the following paragraph—

“(5) Paragraph (4) shall not apply to residential accommodation of the type referred to in sub-paragraphs (a) to (c) of paragraph (4) where such accommodation is residential accommodation for the purpose of regulation 7 unless the claimant is a person to whom paragraphs 10, 11 or 12 of Schedule 2 to the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 apply.”.

(1)

Paragraph (1B) was inserted by regulation 11(2)(b)(ii) of S.R. 1996 No. 93

(2)

Paragraph (4) was added by regulation 11(2)(b)(iv) of S.R. 1996 No. 93

(3)

Paragraph (5) was added by regulation 11(2)(b)(iv) of S.R. 1996 No. 93